Price v. Pinckneyville RN Medical Staff et al

Filing 10

ORDER re 9 MOTION to Dismiss filed by Joe Price, 8 MOTION to Appoint Counsel MOTION to Pay Remaining $200 Balance in Payment: See attached order for specifics. Plaintiff's IFP Motion due on or before July 5, 2018. The Court DIRECTS the Clerk to mail Plaintiff a Motion and Affidavit toProceed in District Court Without Prepaying Fees or Costs( Action due by 7/5/2018.). Signed by Judge David R. Herndon on 6/14/2018. (dsw)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ILLINOIS
JOE PRICE,
#A-81574,
Plaintiff,
vs.

Case No. 18-cv-1050-DRH

PINCKNEYVILLE RN MEDICAL STAFF, and
MRS. BROWN,
Defendants.
MEMORANDUM AND ORDER
HERNDON, District Judge:
Plaintiff, Joe Price, filed this action in the United States District Court for
the Central District of Illinois pursuant to 42 U.S.C. § 1983 alleging he is
currently being denied medical care at Pinckneyville Correctional Center
(“Pinckneyville”). The action was transferred here on May 2, 2018. (Doc. 3). The
same day, the Clerk sent Plaintiff a letter directing him to pay the $400 filing fee

or submit a properly supported motion for leave to proceed in forma pauperis
(“IFP Motion”). (Doc. 4). Shortly thereafter, Plaintiff submitted a prisoner trust
fund account statement (Doc. 6) and a $200 filing fee. On June 1, 2018, the Court
told Plaintiff to either pay the remaining $200 or file an IFP Motion. (Doc. 7).
This matter is now before the Court on Plaintiff’s most recently filed
motions: (1) Motion to Voluntarily Dismiss and (2) Motion to Appoint Counsel
and Pay Remaining $200 Balance in Payments (Docs. 9, 8). According to the
motions, on May 2, 2018, the Court ordered Plaintiff to file the full $400 filing fee.
1

Accordingly, Plaintiff submitted all that he could afford ($200). Plaintiff now seeks
to voluntarily dismiss the case because he cannot afford to pay the full filing fee.
Plaintiff simultaneously asks, however, to be permitted to proceed by paying the
fee in installments. The pleadings also indicate that Plaintiff is continuing to
experience difficulties at Pinckneyville with respect to mental health and medical
care.
Seeking voluntary dismissal of the action at this early stage is Plaintiff’s
right. See FED. R. CIV. P. 41(a)(1)(A)(i). However, it is not entirely clear from the
pleadings that Plaintiff wants to dismiss this action. It is also evident that Plaintiff
is confused about his filing fee obligations and about proceeding in forma

pauperis (as a poor person). Accordingly, the Court will refrain, for the time
being, from resolving Plaintiff’s motions. Instead, the Court advises Plaintiff as
follows:
If you cannot afford to pay the filing fee and you want to proceed with this
case, you can file a motion to proceed without prepaying fees or costs. This
is an IFP Motion.
If you qualify, you will not be required to pay the filing fee in advance.
Instead, you will pay the filing fee in installments.
You have not yet filed an IFP Motion.
The Court will send you a form IFP Motion. If you want to proceed with this
case, by paying the filing fee in installments, complete the form and return
it to the Court within 21 days. After receiving the IFP Motion, the Court will

2

assess whether you qualify and make calculations regarding your payment
plan. You need to understand that if you file the motion to proceed IFP that
you must also file or have the prison send in a copy of the account which
shows your money in the account and the deposits and withdrawals from
the account for a six month period of time prior to filing the motion.
If you do not respond by the deadline, the Court will address your pending
motions and dismiss this case.
The Court DIRECTS the Clerk to mail Plaintiff a Motion and Affidavit to
Proceed in District Court Without Prepaying Fees or Costs (this is the IFP Motion
you must fill out and return to the Court if you want to proceed with this case by
paying your filing fee in installments).
IT IS SO ORDERED.

Judge Herndon
2018.06.14 10:51:35
-05'00'
United States District Judge

3